Ravi Ranjan Kumar @ Tutu Singh @ Ravi Ranjan 2 Tutu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.192 of 2020 Arising Out of PS. Case No.-38 Year-2019 Thana- SC/ST District- Patna ====================================================== RAVI RANJAN KUMAR @ TUTU SINGH @ RAVI RANJAN 2 TUTU SINGH S/o Ramdeo Singh Resident of Betaura, Phulwari, P.S.- Beur, District- Patna.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pawan Kumar Singh, Advocate For the Respondent/s :
Mr.Sadanand Paswan, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2021 Heard the learned counsel appearing for the appellant and Shri Sadanand Paswan, learned Special P.P. for the State. This is an appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the order dated 19.12.2019 passed by the learned Special Judge, SC/ST Act, Patna in Anticipatory Bail Petition No. 9742 of 2019 in connection with SC/ST P.S. Case No. 38 of 2019, Special Case No. 540 of 2019, registered under Sections 341, 406, 420, 120(B), 504, 506 and 34 of the Indian Penal Code and Sections 3 (i) (r) (s)/ 3(2) (Va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, whereby and whereunder the prayer of the appellant for grant of anticipatory bail has been refused.
Patna High Court CR. APP (SJ) No.192 of 2020(3) dt.08-01-2021 2/3 The allegation is regarding the informant having engaged in land dealing with the appellant and other co-accused persons. However, it appears that the appellant and other accused persons were trying to sell a disputed piece of land to the informant, which he had refused to accept, whereupon the appellant and one other co-accused person namely Jayant Kumar had abused the informant by taking his caste specific name as also had abused him by using vulgar language apart from threatening him of being murdered.
The learned counsel for the appellant has submitted that the appellant is innocent and he has been falsely implicated in the present case. The learned counsel for the appellant has further submitted that a general and omnibus allegation has been levelled and moreover the present case has been lodged belatedly.
Per contra, the learned Special P.P. for the State has vehemently opposed the prayer for bail and has submitted that since there is a specific allegation of the appellant having taken caste specific name for the purposes of abusing the informant, the present anticipatory bail petition is not maintainable. Having regard to the facts and circumstances of the case, considering the submissions and taking into account the
Patna High Court CR. APP (SJ) No.192 of 2020(3) dt.08-01-2021 3/3 materials available on record, I find that a prima facie case is made out under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, hence the present anticipatory bail petition is held to be not maintainable. Accordingly, the present appeal stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T